Auckland Transport Parking Services and Enforcement v Khan [2019] NZDC 3899

Published 05 June 2020

Sentencing — car registration — appeal Justice of the Peace — Privacy Act 1993 — Criminal Procedure Act 2011 ss 232 & 250 — Tutakangahau v R [2014] NZCA 279 — Summary Proceedings Regulations 1958. The defendant appealed a decision of Justices of the Peace that found the defendant's car was unregistered. Evidence was heard from three Auckland Transport officers, who the defendant declined to cross-examine. The defendant also elected not to give evidence himself. The appeal was primarily on a series of documents that the Justices did not consider. However there was no evidence that the matters were drawn expressly to their attention or to the attention of the registry. The defendant made a series of misconceived applications, relating to the Privacy Act, bias, and the defendant's relative impecuniosity, which the Judge dismissed. The Judge noted that there was no evidence of any material error in the Justices' decision and dismissed the appeal. The defendant was ordered to make repayments in the sum of $25 per week. Judgment Date: 19 February 2019.